(1)A principal must not discriminate against a contract worker—
(a)as to the terms on which the principal allows the worker to do the work;
(b)by not allowing the worker to do, or to continue to do, the work;
(c)in the way the principal affords the worker access, or by not affording the worker access, to opportunities for receiving a benefit, facility or service;
(d)by subjecting the worker to any other detriment.
(2)A principal must not, in relation to contract work, harass a contract worker.
(3)A principal must not victimise a contract worker—
(a)as to the terms on which the principal allows the worker to do the work;
(b)by not allowing the worker to do, or to continue to do, the work;
(c)in the way the principal affords the worker access, or by not affording the worker access, to opportunities for receiving a benefit, facility or service;
(d)by subjecting the worker to any other detriment.
(4)A duty to make reasonable adjustments applies to a principal (as well as to the employer of a contract worker).
(5) A “principal” is a person who makes work available for an individual who is—
(a)employed by another person, and
(b)supplied by that other person in furtherance of a contract to which the principal is a party (whether or not that other person is a party to it).
(6) “Contract work” is work such as is mentioned in subsection (5).
(7) A “contract worker” is an individual supplied to a principal in furtherance of a contract such as is mentioned in subsection (5)(b).
Cases considering section 41 12
[2024] EWCA Civ 583 · 24 May 2024Interprets
Section 41 does not make a principal liable for discriminatory pay or other terms arising under a contract worker’s contract with the supplier. It addresses discrimination in the principal-worker relationship. (see paras [57]-[73])
The court held that the heads in section 41(1) identify detriments imposed by the principal through its control of work or the workplace. They do not transfer responsibility for the supplier’s contractual remuneration to the principal. (see paras [57]-[66])
A term on which a principal allows a contract worker to work is a condition imposed by the principal on the worker. Payment by the supplier under the employment contract was not such a term. (see paras [58]; [66]-[72])
The court described this head as applying where a principal discriminatorily refuses to allow a supplied worker to do or continue work, illustrating the principal-worker focus of section 41. (see para [58])
The court described this head as applying to access to benefits or facilities provided by the principal despite the absence of an employment relationship, such as workplace amenities. (see para [58])
The claimants’ detriment was payment below the London Living Wage by their employer, Vinci. The court held that the Royal Parks had not subjected them to that detriment. (see paras [66]; [75]-[76])
[2026] EAT 157 · 13 October 2026Limits
The contract-worker provisions offered a potential claim against a principal, but the Tribunal was not required to formulate or determine that alternative cause of action after it had been explained and not adopted. (see paras [28], [51]-[65])
The subsection’s requirements include that the principal makes work available and that the individual is employed by another and supplied under a qualifying contract. SCCL did not make work available and was not party to the relevant contract, so the requirements independently defeated liability. (see paras [28], [68]-[72])
Whether the RE People contract amounted to employment under the extended statutory definition was left undecided. Any possible error on that point was immaterial because SCCL independently failed other requirements of section 41(5). (see paras [68]-[72])
The court applied the requirement for supply in furtherance of a contract to which the principal is party. SCCL was not party to the relevant contract, independently excluding its liability. (see paras [68]-[72])
The court set out the subsection’s definition of contract work as work of the kind described in subsection (5), using that statutory framework to identify the possible alternative claim. (see paras [28], [51])
The court set out the subsection’s definition of a contract worker as an individual supplied to a principal under the relevant contract, and treated it as part of the possible but unadvanced statutory route. (see paras [28], [51])
[2026] EAT 15 · 21 January 2026Interprets
Section 41 does not permit a contract worker’s complaint against a principal about pay payable under the employment contract with the supplier, even where the principal could have required higher pay. The provision concerns detriments in the principal-worker relationship. (see paras [40]-[48]; [52]-[59])
1 more judgment, and what each says about section 41, are in the
case-law panel in the full Act.
147.This section makes it unlawful for a person (referred to as a principal) who makes work available to contract workers to discriminate against, harass or victimise them. Contract workers are separately protected from discrimination by their employer (for example, the agency for which they work and which places them with the principal) under section 39. This section also imposes a duty on the principal to make reasonable adjustments for disabled contract workers (in addition to the duty on the contract worker’s employer).
148.This section is designed to replicate the effect of provisions in previous legislation, while codifying case law to make clear that there does not need to be a direct contractual relationship between the employer and the principal for this protection to apply.